Date: 01-07-2013

Case Style: Taelisha Penry v. Jorge Perez Hernandez

Case Number: CJ-2012-7144

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma`

Plaintiff's Attorney: Matthew Reinstein

Defendant's Attorney: Christine B. McInnes

Description: Taelisha Penry, individually and as Natural Parent and Next Friend of Brianna M. Perry, a minor, sued Jorge Perez Hernandez claiming:

1. Plaintiff, Taelisha Penry, is the natural parent and next friend of Brianna M. Penry, a minor.

2. On the 28th day of March, 2012, the minor Plaintiff, Brianna M. Penry, was involved in an automobile accident which occurred at Kelley Avenue and Danforth Road, in Edmond, Oklahoma County, State of Oklahoma. The above mentioned accident was caused by the negligence of Jorge Perez l-Iernandez.

3. As a direct and proximate result of the accident, the minor Plaintiff, Brianna M. Penry, sustained injuries. As a result of the injuries sustained by the minor Plaini.iff, the Plaintiff, Taelisha Penry, is obligated to pay medical expenses incurred to date and will irLcur in the future additional medical expenses on behalf of the above minor.

4. Defendant has offered to settle this matter for $11,000.00 to cover the liability of the Defendant, Jorge Perez Hernandez.

5. Plaintiff parent has considered and evaluated the pertinent facts regarding this incident, and the injuries incurred, and believes that the proposed settlemeni is in the best interests of the minor Plaintiff, and fully understands that once the compromised settlement is approved by this Court and consummated, Plaintiff will be forever barred from seeking further recovery from the Defendant, even though the injury might be worse or more serious in the future than now believed.

WHEREFORE, Plaintiff, Taelisha Penry, individually, and as natural parent and next friend of the above mentioned minor, Brianna M. Penry, prays for judgment in their favor, and against the Defendant, Jorge Perez Hernandez, for $11,000.00.

Outcome: NOW on this 2O day of k, 2012, this case comes on for hearing regarding the parties Joint Application for Court Approval of Settlement, for Court Order of Disbursement and for Court Order of Dismissal With Prejudice in the above styled litigation. The Plaintiff, Taelisha Penry, individually, as natural parent and next friend of Brianna M. Penry, a minor, appear in person, and by and through their attorney of record, Matthew Reinstein. Defendant, Jorge Perez Hernandez, appears by and through his attorney of record, Christine B. Mclnnes, of McAtee & Woods, P.C. The parties, through counsel, announce that they have agreed to a compromised settlement of the claims of the Plaintiff as alleged in her Petition in this action against the Defendant and move the Court to approve such settlement. Having considered the statements of counsel and the testimony of witnesses sworn in open Court, as well as the documentary evidence introduced in support of the Joint Application, the Court makes the following findings.

The Court has jurisdiction over the person of the Defendant. Venue of this action is proper in this Court. The Court has jurisdiction to determine if the settlement agreement reached by the parties should be approved.

2. Brianna M. Penry is a minor. Taelisha Pemy is the proper party to bring this action as the natural parent and next friend of Brianna M. Penry.

3. On the 28th day of March, 2012, at Kelley Avenue and Danforth Road, in Edmond, Oklahoma County, State of Oklahoma, Brianna M. Penry, a minor, was injured in an accident with the Defendant. As a result of the accident, Taelisha Penry incurred responsibility for medical bills for the injuries of the above mentioned minor.

4. Plaintiff has filed a Petition alleging that she has sustained damages as a result of the Defendant’s negligence. Defendant denies these claims.

5. The Plaintiff and Defendant’s insurer have agreed to a compromised settlement of the Plaintiffs claims against the Defendant, as follows:

a. A payment to the Plaintiff of ELEVEN THOUSAND AND 00/100 DOLLARS ($11,000.00) to be made by TOPA Insurance Company on behalf of the Defendant.

b. The above mentioned payment will be made in exchange for a full and complete release of Defendant, Jorge Perez Hernandez, and TOPA Insurance Company.

c. Plaintiff shall within 20 days of approval by this Court of the settlement agreement, satisfy all outstanding liens for services rendered by healthcare providers to the above mentioned minor Plaintiff for treatment of injuries suffered as mentioned in the Plaintiffs Petition, secure from such healthcare providers properly executed lien releases, file such releases with the appropriate governmental agencies, and furnish copies of such executed and filed releases to the attorney for the Defendant. In the event such liens are not satisfied by the Plaintiff, and Defendant or TOPA Insurance Company is compelled to satisfy such liens, Plaintiff shall hold harmless and indemnify Defendant and TOPA Insurance Company for any payments made by Defendant and TOPA Insurance Company to satisfy such liens.

6. This settlement agreement is fair, reasonable and in the best interest of the minor, Brianna M. Penry.

7. The Court finds it is in the best interest of the minor, Brianna M. Penry, to federally insured account for the benefit of Brianna M. Penry, a minor at International Bank of Commerce. These monies shall be placed into said account and shall not be withdrawn without order of the Court authorizing the withdrawal, or until the minor Plaintiff reaches the age of eighteen (18) years. The date of birth of the minor Plaintiff, Brianna M. Penry, is October 2, 1996.

e. The Plaintiff, Taelisha Penry, individually, and as natural parent and next friend of Brianna M. Penry, a minor, is hereby ordered to execute a Release in Full of All Claims against the Defendant and the Defendant’s insurance carrier as mentioned above upon receipt of the settlement funds.

f. The Plaintiff, Taelisha Penry, individually, and as natural parent and next friend of Brianna M. Penry, is hereby ordered to execute a Dismissal With Prejudice of the above styled action upon receipt of the settlement funds.

g. This Order shall not be construed as an admission of liability by any party and shall not be admitted into evidence in any proceeding other than enforcement of this Order.

h. This case is transferred to the Probate Division of the District Court for further supervision concerning withdrawal of funds fr m the de sitory.

Plaintiff's Experts:

Defendant's Experts:

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